Library / Laws / 116th / hr / H.R. 2669 / Introduced in House
I
116th CONGRESS
1st Session
H. R. 2669
IN THE HOUSE OF REPRESENTATIVES
May 10, 2019
Ms. DeLauro (for herself, Ms. Schakowsky, and Mr. Fitzpatrick) introduced the following bill; which was referred to the Committee on Energy and Commerce
A BILL
To amend the Federal Food, Drug, and Cosmetic Act with respect to liability under State and local
requirements respecting devices.
1.
Short title
This Act may be cited as the Medical Device Safety Act.
2.
Liability under State and local requirements respecting devices
(a)
Amendment
Section 521 of the Federal Food, Drug, and Cosmetic Act (21 U.S.C. 360k) is amended by adding at the end the following:
(c)
No effect on liability under State law
Nothing in this section shall be construed to modify or otherwise affect any action for damages or the liability of any person under the law of any State.
.
(b)
Effective date; applicability
The amendment made by subsection (a) shall—
(1) take effect as if included in the enactment of the Medical Device Amendments of 1976 (Public Law 94–295); and
(2) apply to any civil action pending or filed on or after the date of enactment of this Act.